Acted for Former Premiership Footballer in Claim Against Agent, Barrister
Acted for a former premiership footballer in claim against his former agent and barrister to recover ownership of a company which had been misappropriated.
Lead Trial Counsel in Landmark "Traffic Pumping" Lawsuits
Lead trial counsel for a telecommunications company in a series of traffic pumping lawsuits in federal courts and regulatory bodies throughout the country. Tried the first case of its kind on the subject, in which the Iowa Utilities Board entered a decision for the client on all issues and found traffic pumping was an unjust and unreasonable practice contrary to the public interest. The case was affirmed on appeal. The decision caused the FCC to issue rules codifying the decision and, in the process, closed a multi-billion loophole.
Dismissal of $1 Billion Class Action Claim
Trial Counsel in $240 Million Suit for College Brought By Colorado Attorney General
Served as counsel in a first-of-its-kind, five-day preliminary injunction hearing, winning a complete victory for a large career college, in which the Colorado Attorney General’s office sought 21 separate, broad injunctions. Subsequently tried a four-week bench trial against consumer protection and lending claims where the Colorado Attorney General sought $240 million. The decision limited the State’s relief to $3 million.
Advising on Sunken Treasure Worth $17 Billion
Advised corporate client in connection with proposals to explore, recover and raise up the Spanish War Galleon known as the San Jose, which sunk in the South Pacific in 1708, carrying treasure that may be worth in excess of $17 billion. Advised multinational client on possibility of obtaining declaratory relief from High Court as to ownership and title to treasure prior to recovery. Dealt with aspects of foreign government tender process and media interest in the same.
Advised on Division of Multinational Business Including Parallel Proceedings in the U.K. and U.S.
Advised on a high-value dispute concerning the division of a multinational business (with parallel proceedings in the High Court in London and across the U.S.).
Representation of Pharma Company in Breach of Contract Case
Represented a major pharmaceutical company as part of trial team in a breach of contract suit litigated over five days before the Delaware Court of Chancery.
Dismissal in Consumer Class Action Lawsuit for Sporting Goods Retailer
Secured the dismissal of a consumer protection and class action lawsuit against a major sporting goods and outdoor equipment retailer filed in the U.S. District Court for the Western District of Missouri. The matter specifically involved claims of alleged violation of the Missouri Merchandising Practices Act, unjust enrichment, and violation of consumer protection laws in 21 other states. The plaintiff sought to represent a nationwide class of customers seeking millions of dollars in damages for alleged violations of various states consumer protection statutes. The court granted the client’s motion to dismiss, and the plaintiff did not appeal or seek leave to amend.
Significant Victory in Multimillion-Dollar National Class Action for Men’s Retailer
Secured a significant victory for a men’s clothing retailer on a motion for summary judgment in U.S. District Court for the District of Maryland. The plaintiffs alleged that certain sales promotions were deceptive and sought certification of a California class, potentially exposing our client to hundreds of millions of dollars in damages. The Court dismissed the lawsuit finding that plaintiffs could not establish that the marketing campaign caused them damage. Earlier, the Court had dismissed requests to certify a nationwide class and a Maryland subclass for similar reasons.
Advising on Potential Defamation Claim Against Major British Broadcast Provider
Acted for a client who was to be the focus of an upcoming investigation conducted by a major British broadcast network. Advised the client as to potential defamation claim and prospects of pre-publication injunction against the network, and pre-action correspondence in conjunction with leading counsel.
Class Action in Large IoT Liability Case for Plaintiff Against Automotive Manufacturer
Serves as lead counsel for three certified plaintiffs’ classes totaling an estimated 400,000 to 500,000, in a case alleging that various cars and trucks suffer from a series of cybersecurity defects that render the vehicles susceptible to being hacked in a way that would allow the hacker to remotely control the vehicles’ operational and safety systems, including acceleration, braking, steering and ignition. Claims include breach of warranty and violations of various states’ consumer protection statutes.
Issuing Claim Against International Auction House and Foreign Government
Acted for client in obtaining declaration from the English High Court as to ownership of a painting sold to the client by a leading auction house, which was subsequently alleged to have been stolen and belonged to a foreign government. Issued claim against leading auction house for negligence; and claim against foreign state while dealing with questions of state immunity. Dealt with Interpol, Metropolitan Police, foreign Government Agencies and the Art Loss Register in connection with this matter.
Successfully Defended Pet Food Brand in Misappropriation of Trade Secrets Case
Successfully defended a pet food company against misappropriation of trade secrets claims. Two of the plaintiff’s employees were terminated by the plaintiff and went on to work for a competitor after developing a new type of packaging to supply to our client. At the same time, the competitor was in the process of developing replacement packaging to supply to our client. Our client moved its business to the competitor and the plaintiff filed suit in U.S. District Court for the Western District of Missouri against our client, the two former employees and the competitor. Armstrong Teasdale defended the lawsuit by, among other things, challenging the plaintiff’s characterization of the allegedly misappropriated information as trade secrets. At mediation, the plaintiff agreed to settlement by dropping its claims and requesting a nominal payment from our client pursuant to a raw materials agreement for materials not used by the plaintiff before the relationship was terminated.
Advising International Real Estate Investor on Partnership Dispute
Acted for client in relation to partnership dispute involving removal of partner and subsequent litigation and injunctive proceedings to stop use of confidential investor information by removed partner. Successfully obtained injunctive relief in the English High Court and acted for client on Appeal to the English Court of Appeal. Dealt with client’s other international advisers with regards to satellite litigation in Guernsey and initiating arbitration before the London Court of International Arbitration.
Acting on Behalf of FTSE 100 Company Facing Hostile Takeover
Acted as part of a team that included Corporate and Commercial partners to advise a large gold miner and producer facing a hostile takeover on potential injunctive relief. Advised client on how to deal with receipt of and assisted in the response to s793 Notices sent under the Companies Act 2006. Further acted for and advised the Board of Directors and Directors on ongoing litigation and regulatory investigations.
Worldwide Freezing Injunction Against Parties Suspected of Commercial Fraud
Assisted a client in the pharmaceutical industry with an urgent application for injunctive relief in connection with the supply of PPE. The high-value dispute involved complex contractual issues and investigations into suspected fraud and misconduct.
Advising on International Arbitration and Associated Enforcement and Litigation Across Multiple Jurisdictions
Acted for a group of companies that own and operate oil rigs, which were involved in an international arbitration against a Venezuelan state-owned oil company and other associated matters. Advised and assisted in enforcement of the arbitration award, general advice and settlement discussions on claim worth in excess of $300 million. Involved in ongoing English High Court litigation, U.S. and other actions liaising with multiple legal teams in different jurisdictions.
Defending a Cross-Continental Claim Brought Against a Pharmaceutical Company
Assisted a client in the pharmaceutical industry in defending a multimillion-pound contractual claim brought against it. The high-value dispute included complex multi-jurisdictional issues concerning security for costs and e-discovery.
$8.3 Million Verdict for Client in Business Negligence Case
Tried a complex contract and tort lawsuit in District Court for the Eastern District of Missouri on behalf of plaintiff garment design company whose building was destroyed after a natural gas explosion. Obtained an $8.3 million verdict for clients after a seven-day trial. Verdict was ranked the #25 plaintiff win in Missouri in 2017.
Significant Settlement in Adversary Proceeding for Telecommunications Company
Brought an action on behalf of a telecommunications client to avoid fraudulent transfers in Bankruptcy Court for the U.S. District of Nevada. The defendants had received millions of dollars in transfers from an entity they owned and operated which was being sued in a related proceeding. Obtained a multimillion-dollar settlement in an adversary proceeding on the eve of trial, wherein we sought to avoid hundreds of fraudulent conveyances after the debtor claimed only $30 in assets.
Successfully Defended Packaging Company in Breach of Contract Case Following Acquisition
Successfully defended a packaging company against the alleged breach of a supply agreement entered into following the acquisition of a plastics manufacturing business from the plaintiff. Following the sale, the plaintiff continued to sell a specialty product, which would be manufactured by our client, and sought return of certain equipment used for its production. The suit was filed in state court in North Carolina, removed to federal court in North Carolina, then further transferred to U.S. District Court for the Eastern District of Missouri. Our client filed counterclaims and third-party claims for fraud in connection with the supply agreement. Our client filed a separate action for fraud in connection with the sale of the plastics manufacturing business against the plaintiff and its principals in U.S. District Court for the District of Delaware. All claims were resolved after mediation for a nominal payment and non-monetary terms.
Trial Win for Telecommunications Client on Tortious Interference Claims
Won at two-week trial for a major telecommunications company in the U.S. District Court for the District of Minnesota on tortious interference claims against an entity that had conspired with a local telephone company to engage in a traffic pumping scheme. The judgment entered in our client's favor approximated $2 million, and the Eighth Circuit affirmed the decision.
Represented Clinical Commercial Laboratories in Series of Claims
Represented a series of clinical commercial laboratories in a lawsuit against a publicly traded instrument manufacturer on claims for breach of warranty, fraudulent misrepresentation and omission, and violations of various consumer protection laws. Plaintiffs seek tens of millions of dollars in damages. Trial is scheduled for 2019.
Resolution in Corporate Control Dispute Involving LLC
Successfully compelled defendant to resolve a corporate control dispute concerning a limited liability corporation (LLC). We filed suit on behalf of our client to invalidate a sweetheart lease and undo other self-dealing transactions by the manager of the LLC, as well as dissolve the LLC. Following a year of litigation, the manager purchased the client's interest in the LLC on very good terms for the client.
Settlement in Real Estate Lease Dispute
Obtained a significant monetary settlement in a massive real estate lease dispute involving tens of millions of dollars. In the process, the firm was able to pierce a triple net lease through allegations of sham transactions and alter ego liability.